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Family Filing Lawsuit in Mistaken Death Case

Posted January 24, 2007

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— The family of a Franklin County man who was mistakenly sent to the morgue in a body bag two years ago is working on filing a lawsuit in the case.

Baines Jones, the attorney for Larry Donnell Green's family, told WRAL on Wednesday that the lawsuit would name Franklin County and individuals involved.

Wednesday night, Green's and family and their friends gathered in a candlelight vigil to pray for his recovery.

Green was walking along U.S. Highway 401 north of Louisburg when he was hit by a car on Jan. 24, 2005. Paramedics responding to the accident declared Green dead, although they did not thoroughly examine him.

Green was zipped into a body bag and sent to the county morgue, where the coroner later saw him breathing.

Two paramedics lost their state credentials after the incident, but were later given the opportunity to regain some of them.

For most of the past two years, Green has been in a rehabilitation facility. His father, Larry Alston, said his son recognizes people and can talk a little, but still can't walk.

"It means so much for me and our family , telling us that God kept him alive because he has something to do for Him," Green's mother, Ruby Kelly said at thevigil.

"It's just like a nightmare, just like a dream," Alston said.
42 Comments

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  • islandgirl Jan 25, 2007

    VICKIEJ40@YAHOO.COM--- YOU SHOULD BE ASHAME OF YOURSELF, HOW YOU GONNA SAY THAT THE FAMILY IS TAKING ACTION TO GET OUT OF THE TRAILER, YOU MUST KNOW EVERYBODY SITUATION AND LIVING CONDITIONS, THAT IS SO IGNORANT...MAY GOD BLESS YOU

  • islandgirl Jan 25, 2007

    TO VICKIEJ40@YAHOO.COM-

  • countrygirl30 Jan 25, 2007

    What about the car that hit him? Nothing has ever been said. They are to blame, they hit him.

  • inmyopinion3 Jan 25, 2007

    This is definately a case of negligance the defintion of negligence under an EMS protocol is not to provide a level of care to the abilities of your training. As a paramedic you should most certainly be able to tell if a person is dead or alive therefore there is definately negligence here on the part of the Paramedic. Also you are biologically dead with no pulse not clinically dead so again there is negligence on the part of both paramedics! Come on people its obvious the paramedic did not do his job in this case!

  • islandgirl Jan 25, 2007

    The injuries sustained in the accident more than likely it worsened due to his body being zipped in a body bag for 2 hours or more

  • ctechic2004 Jan 25, 2007

    I really hope for the people who had all of these negative comments to make never have to go through what this family has gone through for the past two years. How would any of you feel if you were notified that your loved one was dead and then two hours later is told "Oh, I'm sorry, we made a mistake, we sent your loved one to the morgue but they are really alive?" If you say that you wouldn't be upset and ready to make someone pay you are lying. And to the person who said that they need the money to get out of the trailer park, shame on you...This is why the world is the way it is, people today has no compassion...unless it happens to them and then they want the compassion.
    Just remember the quality of that young man's life, whatever it may have been is gone for the time being...Just because someone has training as a EMT does not mean that they are without faults and mistakes. But one mistake can wreck someone life forever.

  • theandylarkin Jan 25, 2007

    green is as much as responsible for his condition as anybody. a couple of hours before he was run over, he was in the town limits wandering in the road. seemed to be feeling the spirit. the driver is not at fault. if she were, she'd been arrested. if his family gets 10 cents, i hope the driver sues them for the emotional distress she's been put through by hitting this guy.

  • Homeward Jan 25, 2007

    The driver was not at fault in this case, and the assumption that pedestrians are always victims is ridiculous. People walking at night ON THE ROADWAY have a responsibility to make themselves visible. It also helps if they are sober. In this case the doctor who came on the scene and reiterated that the man was dead, and then "discovered" he was alive, should never have gotten off so easily - but then, he was being judged by his "peers", who also judged the EMTs. The fact is, if the first EMT could find no pulse, he could FIND NO PULSE. Yes, the second guy should've checked for himself, but it is quite possible there was no pulse for the first EMT to feel. People need to stop looking for nefarious motives in this case. As for the lawsuit, Franklin County is the place to if you want to make money from lawsuits, so come one and all and raise my property taxes some more!

  • Munchie Jan 25, 2007

    The injuries sustained in the accident may have been worsened due to he was in the body bag for 2 hours instead of receiving the medical attention he needed.

  • Lord Stanley Jan 25, 2007

    The comment below mine is a prime example or what should be happening. God forbid we blame the medics and not the person who hit him, or him for being in the road on a dark night.

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